Proposed Changes to New Contract

Agreement Between

Columbia

College Chicago

and

The
United Staff of Columbia College

USofCC – IEA-NEA

2009-2012

Association proposed changes in RED

College proposed changes in BLUE

TABLE OF CONTENTS

ARTICLE I:       COLLECTIVE
BARGAINING UNIT

ARTICLE II:      ADMINISTRATION
RIGHTS

ARTICLE III: ASSOCIATION RIGHTS

DUES CHECK-OFF

PAYROLL DEDUCTION
PROCESS

INDEMNIFICATION

RELEASE TIME FOR
ASSOCIATION REPRESENTATIVES

ARTICLE IV:    COLLEGE-ASSOCIATION
RELATIONSHIP

COLLEGE-ASSOCIATION
LIAISON

RELEASE TIME
FOR ASSOCIATION REPRESENTATIVES

PRESIDENT-ASSOCIATION
MEETINGS

OFFICE SPACE

CAMPUS MAIL

MEETING SPACE

BULLETIN BOARDS/WEBSITE

ORIENTATION MATERIALS

BARGAINING UNIT LIST

ACCOUNTING SYSTEM

COPY OF AGREEMENT

COPY MACHINE

JOB
DESCRIPTIONS

ARTICLE V:     EMPLOYMENT
PRACTICES

HIRING PRACTICES

NEW EMPLOYEES

PERFORMANCE EVALUATIONS

PERSONNEL
FILE AND ACCESS

UNSATISFACTORY
PERFORMANCE

MISCONDUCT

JOB ELIMINATION

ARTICLE VI:    GRIEVANCE
PROCEDURE

ARTICLE VII:   SALARY AND
BENEFITS

SALARY AND HEALTH PLAN
PREMIUMS

TIME OFF

OTHER EMPLOYMENT
BENEFITS

ARTICLE VIII: CONTRACT CONTINUITY

NO STRIKE NO LOCKOUT

SEPARABILITY AND
DURATION

ENTIRE AGREEMENT

APPENDIX        SALARY
AND GRADING SYSTEM

ARTICLE I

COLLECTIVE BARGAINING UNIT

All full-time and regular part-time staff employees employed by the Employer at its facilities currently located at 600 S. Michigan, 72 East 11th Street, 623 S. Wabash, 624 S. Michigan, 731 S. Plymouth Court, 1415 S. Wabash, 1014 and 1016 S. Michigan, 1306 S. Michigan, 1104 S. Wabash, 33 East Congress Parkway, 1006 S. Michigan, and 24 East Congress Parkway, Chicago, Illinois in the following departments: Academic Computing, Administrative Services, Admissions, Advising Center, Art & Design, Arts, Entertainment & Media Management, Asian Arts Center, ASL Interpretation, Audio Arts & Acoustics, Book & Paper, Building Services, Center for Black Music Research, Center for Evaluation, Center for Instructional Technology, Center for Teaching Excellence, Chicago Center/Arts Policy, Chronicle, Conaway Achievement Project, Creative & Printing Services, Dance Center, Dance Movement Therapy, Dean of Students, Early Childhood Education, Educational Studies, English, Enrollment Management, Equity Office, Fiction Writing, Film/Video, Finance, Freshman Seminar, Glass Curtain, Graduate School, Institutional Planning & Research, Instructional Media, Interactive Multimedia Program, Interdisciplinary Arts, Journalism, Liberal Education, Library, Marketing, Multicultural Affairs, Museum of Contemporary Photography, Music, New Student Programs & Orientation, OCAP, Office of Facilities & Operations, Photography, Portfolio Center,
Provost’s Office, Purchasing,
Radio, Records, Resident Center, School of Fine & Performing Arts, School of Liberal Arts & Sciences, School of Media Arts, Science & Math, Science Institute, Senior Seminar, Student  Activities, Student Affairs, Student Employment, Student Financial Services, Student Leadership, Television, Theater, Transfer Evaluation, Upward Bound, Writing Center; but excluding all Accounting Department employees, Human Resources employees, Information  Technology employees, Institutional
Advancement Employees, Legal employees, Payroll
employees, assistants to the vice presidents, assistants to the
president, assistant to the board
liaison
and director of presidential events, managers, confidential employees, all persons who are
primarily students
including students employed under work study programs or student aid
programs, community artists, music tutors,
independently contracted tutors, faculty, guards,
professional employees, and supervisors as defined in the Act.

All full and REGULAR part-time staff employees employed by Columbia College Chicago BUT Excluding legal employees, assistants to the vice presidents, assistants to the president, assistant to the board liaison and director of presidential events, managers, confidential employees, all persons who are primarily students including students employed under work study programs or student aid programs, community artists, music tutors, independently contracted tutors, faculty, guards, professional employees, and supervisors as defined in the Act.

ARTICLE II

ADMINISTRATION RIGHTS

Columbia College Chicago and its Board of Trustees retain all their rights, responsibilities, powers, duties, and authority inherent in the management of the College except as specifically modified by this
Agreement during its term. These administration rights include, but are not limited to, the following and are illustrative of the type of matters and rights which are inherent
solely to the administration:

 

A. The right to plan, terminate, modify, and implement all aspects of educational policies and practices, including curricula; admission and graduation requirements and standards; scheduling; academic calendar; student discipline; and the establishment, expansion, subcontracting, reduction, modification alteration, combination or transfer of any job, department, program, course, institute, or other academic or non-academic activity and the staffing of the activity, except as modified by this agreement.  

B. The right to manage the College and direct the College’s property, including fiscal and budget policy and their implementation, and to determine the means, methods, and personnel by which the College’s operations are conducted and the location and relocation of offices, facilities, equipment, and the number and type of equipment, material, products, and supplies to be used or operated; and the sale, lease contracting or subcontracting of any of the facilities, equipment, or activities; and to act to maintain or improve the efficiency of the College’s operation, except as may be modified by this agreement.

C. The right to hire, direct, transfer, assign, discipline or terminate for just cause, lay off, discipline, appoint, reappoint, and evaluate its employees; and to establish, modify or modify reasonable rules, and discontinue rules and regulations of procedure, conduct, policies, standards and practices relating to the performance of work, including
workload, scheduling of work and its location; and
criteria and qualifications for appointment, retention, and promotion of employees, except as may be modified by this Agreement. The college agrees to notify the union concerning changes made under the provisions of this section c, and shall, upon request, meet with the union to bargain over any changes that impact the wages, hours, or working conditions of unit members.

ARTICLE III

ASSOCIATION RIGHTS

 

A. Dues Check-off

1. It is recognized that the duties of the Association as the sole and exclusive bargaining agent, entail expenses for collective bargaining and contract administration which appropriately are shared by all unit members who are beneficiaries of this agreement. Accordingly, each unit member shall either:

a. Join the Association, and pay the dues uniformly required,  

b. Not join the Association and pay an agency fee to the Association equivalent to the unit member’s share of the cost of services rendered by the Association for collective bargaining and contract administration in its role as sole and exclusive bargaining agent as annually certified in writing by the Association to the College. that is determined by the IEA to be equivalent to the unit member’s share of the cost of services rendered by the Association for collective bargaining and contract administration in its role as sole and exclusive bargaining agent as annually (on
anniversary of date of this agreement)
certified
in writing by the Association to the College.

 

An employee, who has failed to choose either to join or not join after the
expiration of the 90-day employment period as described in Article V, Section B, shall be presumed to be an agency fee payer. Dues shall be deducted from employee’s paycheck upon expiration of the 90-day period.

 

The obligation to pay either union dues or an agency fee begins at the expiration of the 90-day period referred to in Article V Section B of this Agreement.

2. The Association will provide all unit members with information regarding their rights and financial obligations to the Association. In addition, the Association will provide to all unit members who are agency fee payers, information about its expenditures, so that the agency fee payers can decide whether to object to the use of their dues, by the Association, for
activities not related, under the law, to the Association’s role as exclusive bargaining
representative.
Agency fee payers may object to the Association’s spending part of his/her fee
for activities not related, under the law, to the Association’s role as exclusive bargaining representative. Such an objecting agency fee payer must pay the percentage of the fee used for activities related to the Association’s status as exclusive bargaining representative. That percentage
will be determined by the Association’s internal agency fee procedure.

3. It is the sole responsibility of the Association to inform unit members of the obligation to make these payments and to
collect these monies from unit members
monies not deducted from payroll. Unit members may choose to either pay the Association directly or have these monies deducted from their paycheck. If a unit member chooses payroll deduction, it is the Association’s sole responsibility to ensure that all
appropriate paperwork is submitted to payroll in a timely manner
quarterly.

B. Payroll Deduction
Process

1. The Association will make genuine and repeated efforts to ensure payroll deduction paperwork is completed. If a new unit member chooses the payroll deduction (or fails to complete Association paperwork) option, The Association will track the expiration of his/her initial 90-day employment period as described in Article V, Section B and The Association will submit payroll deduction authorization forms to the Payroll Department for processing. and will contact the unit member to complete an authorization for payroll deduction for either union dues or agency fees. The deduction should begin on the first payroll following the expiration of the 90-day period. The Association shall also be responsible for collecting authorization for payroll deductions from all current unit members who choose the payroll deduction option. Auto-deduction paperwork, union collective bargaining agreement, and other union information will be in all new-hire packets as provided to HR by the Association.

2. The Association will submit payroll deduction authorization forms to the Payroll Department for processing.

2.3. Any additional paperwork required by the Association will be collected by the Association.

4. The Association shall make genuine and repeated efforts to obtain a signed authorization for payroll deductions for union dues or agency fee contributions, or payment of such directly to the Association. If such efforts are unsuccessful, the non-complying unit member will be terminated.

3.5. If the Association determines that a unit member is not paying either union dues or agency fee contributions, then the Association will notify the College and the unit member that the unit member is to be terminated. The Association is responsible for identifying and notifying Human Resources of all non-complying unit members. The College will then terminate the non-complying unit member identified by the Association within 10 business days from the day of receiving such notification.

4.6. With respect to any unit member from whom the College receives written authorization, the College shall deduct union dues or agency fees from the unit member’s payroll check.

Such amounts shall be forwarded to the Association by the 15th day of the month following the month in which the deductions are made.

5.7.Upon written notification to the College from the Association of any documented errors that have occurred, or documented adjustments which should be made, regarding payroll deductions, the College will correct said errors or make said adjustments within 10 business days.

C. Indemnification

The Association, The Illinois Education Association and the National Education Association agree to indemnify, and save the College harmless against any claim, demand, suit, or other form of liability which may arise by
reason of any action taken by the Association or the College in
complying with the provisions of this Article. This includes reimbursement for all reasonable legal fees, expenses, judgments or settlements, incurred in connection therewith, provided the College gives notice of such action in writing to the Association as soon as practicable.

 

D. Release Time for Association Representatives –
Moved to Article IV Sec.B


 

ARTICLE
IV

 

COLLEGE-ASSOCIATION RELATIONSHIP

A. College-Association Liaison

The Association will appoint a liaison committee of no more than two unit members to meet with the Associate Vice President for Human Resources (the College Liaison) and a management representative on a pre-determined frequency but not more than once every week. The purpose of these meetings is to solve problems and to maintain effective communication and collegial relations between the Association and the College.
The purpose of these meetings is
not to renegotiate the contract. However, by mutual agreement of both parties, contract provision not identified in the contract as eligible for re-opening may be re-opened prior to the expiration of the agreement at the same time as the other provisions so identified.

 

(MOVED FROM ARTICLE 3, NO LANGUAGE CHANGE)

B. L. Release Time for Association Representatives

For 90 business days after ratification of this collective bargaining agreement, the College will provide release time for the Association to train a cohort of Association members to serve as representatives for its members in disciplinary or grievance meetings. The College will allow five hours of release time per person for up to 30 association members who will serve as representatives.

After the first year of the contract, the college will provide release time to train replacement representatives in order to maintain a cohort of Association representatives. The College will allow five hours per person to
train a replacement for each representative lost through attrition.

The College will allow Association representatives up to five hours per person, per month to represent Association members at disciplinary or grievance meetings. Representatives will inform their supervisors immediately when they are scheduled to attend a disciplinary or grievance meeting during work
hours.

Through the liaison process, the Association and the College will work to ensure that release time for Association representatives is distributed across the units of the College and that the functions of no unit are unduly disrupted by representatives’ absences.

The College will pay Association representatives for release time, but the release time will not count as time worked. Part-time Association members who serve as one of the 30 representatives will also be provided release time during their regularly scheduled workday. The College will pay part-time Association members their regular hourly wage for attending an Association training if the training session is scheduled when the member is not scheduled to work but the paid time will not as count time worked.

 

C. B.President-Association Meetings

Not less than once in each academic year semester the President
and/or his /her designee shall
meet with the Executive Committee of the
Association, unless the parties agree not to meet. The parties will meet for no
less than one hour to discuss issues of mutual
interest. These meetings,
however, shall not include discussions about modifications to this Agreement
during its term. The scheduling of the meeting shall be initiated by
the Association.

D. C. Office Space

The Association shall be provided office space with campus telephone access and the ability to log on to the College’s email system for use consistent with College policy and procedures. The office will include at a minimum a phone, desk, chair, and file cabinet for the use of the Association.

E D. Campus Mail

The Association shall have the ability to distribute mail for Association business through the mailroom consistent with College policy and procedures. The Association shall assemble unit-wide mailings in department/office packets for delivery by the mailroom to departments and offices on campus.

F. E. Meeting Space

 

The Association shall be allowed to use campus meeting facilities for Association business according to College policies and procedures.

G F. Bulletin Boards/Website

The Association shall have access to bulletin boards, according to College policies and procedures, for the purpose of communicating with its members. The Associations shall also be permitted to provide a link from its official website to that of the College, subject to the College’s web policies and procedures.

 

H. G. Orientation Materials

The Association shall provide to the College information packets including the following information items: the structure of the Association, the location of the Association office, where and how to access the Association contract, how to communicate with Association leadership, and an Association membership form with a return envelope. The College shall include this Association information packet in Orientation packets given to all new bargaining unit members.

I H. Bargaining Unit List

a. Human Resources will provide a list of new hires to the Association representative once a month. A list will be produced after the second payroll of the month is processed, and will be sent to the Association representative before the tenth day of the following month. The list will be in alphabetical order and will include the following information for persons hired into association-covered jobs:

i. Employee name

ii. Home address

iii. Employee ID number

iv. Part-time or full-time status

v. Job title

vi. Department

vii. Hire date

viii. Campus Email

ix. Campus Phone number

x. Rate Of Pay

 

b. Human Resources will produce lists of current Association members who have been promoted or transferred to jobs that are not Association-covered, and of Association members who have terminated employment with Columbia College. These lists will be provided to the Association representative at the same time the new-hire list is provided and shall include the employee’s new Job Title, Job Description, Department, Rate Of Pay, and Campus Phone Number.

 

c. Once a year by October 15th, the College will provide to the Association a complete list of part-time unit members giving for each the total number of hours worked over the past 12-month period. If this date falls on a holiday or weekend, the College will provide said list on the first College business day thereafter. It will be the sole responsibility of the Association to assess dues amounts based on this information.

 

d. The college will provide a complete list of bargaining unit members to the association bi-annually with the first list
begin delivered no later then February 15th and the second no later then October 15th
with all data from Article 4. Sec. H. (a).

J. I. Accounting System

The College shall provide the Association an account number with which to purchase campus services such as mailing and catering as needed, according to College policies and procedures. The Association will be responsible for funding the account.

K. J. Copy of Agreement

The Collective Bargaining Agreement shall be available on the Association website. It shall also be available on a Human Resources link from the College’s website, subject to the College’s web policies and procedures. Ten (10) copies of the contract will be kept on reserve in the library.

L. K. Copy Machine

The Association shall have reasonable access to a copy machine for Association business, at no cost, in a reasonable location for use consistent with College policy and procedures. The Association shall bear the cost of copy paper.

 

M. Job Descriptions

 

Within 90-days of the signing of this Agreement all employees will be provided with a copy of their job description. The Association will also be provided a copy. All new hires will be provided a copy of their job description within 90-days of hire as will the Association. All employees will be provided updated job descriptions with any job changes, when
there are updates.

 

N. Search Committees

 

We would like to discuss at least one unit member being on search committees for Presidents and other major community roles.

 

ARTICLE
V

 

EMPLOYMENT PRACTICES

A. Hiring Practices

Association members who meet the minimum stated qualifications for an open
position within the College will be granted an interview. An Association member must follow the application procedures as described on the College website. If an internal candidate is hired into an open position, she/he cannot apply for other open positions for a period of 12 months from the date the candidate begins the new position.

Open positions will be posted on the College’s intranet for 3 5 working days positions will be emailed (or otherwise electronically notified with link to posting) to current employees when they are posted. Once the open position has been posted for three five working days, it may be advertised to the public. Positions that are known in advance to will be 90 calendar days or less in duration, for example summer arts camp positions, shall be exempt from the posting requirements.

 

Open part-time positions that will be
filled by graduating College students shall also be exempt.
Graduating College students will be granted the same advanced access to opening positions.

 

B. New Employees

New Association-eligible hires
will not become bargaining unit members until they
have been actively employed for 90 calendar days.

 

C. Performance Evaluations

1. Process

Performance evaluations will be conducted at least once each year between March and June for all unit members, full-time and part-time. The evaluation period will be announced each year by the Office of Human Resources, and the College will have 90 days from the date indicated in the announcement to complete the evaluation process and submit the completed evaluations
to the Office of Human Resources. Unit
members who are employed when the evaluation period begins will receive a performance evaluation.

Every full-time unit member should submit to her/his supervisor a self-evaluation as part of the evaluation process. The supervisor will schedule a meeting with the unit member to review the completed evaluation before submitting it to HR. An Association representative cannot be present during a performance evaluation meeting. The performance evaluation meeting cannot be used to take disciplinary action against a unit member.

The unit member will be given a minimum of two weeks to complete the self- review prior to meeting with the supervisor. If, for some reason, the unit member does not attend her/his performance review meeting within a reasonable period of time after the supervisor has completed the evaluation, the supervisor will still submit the completed evaluation to HR by the deadline. All review meetings must be held in person unless physical proximity prohibits in which case meetings will be held by phone/digital video conference/etc.

Supervisors of part-time unit members will complete different performance
evaluations for those part-time unit members. The part-time unit member will be given the opportunity to review the evaluation before it is submitted
by the
supervisor. Performance evaluation review meetings are not required.

The respective evaluation forms will be posted on the College’s website. The forms may be amended at any time by the College; however, if the College chooses to amend the forms, the Association will be notified a minimum of 30 days in advance of the implementation of the charge change, and be offered, upon request, the opportunity to meet to discuss such changes.

2. Content

If the supervisor indicates in
the evaluation that there are performance
deficiencies, specific examples of these deficiencies
must be provided and must
be related to the position description for that job and/or competencies
that the unit
member
is expected to demonstrate or develop. Performance deficiencies documented in a
performance evaluation can be used in disciplinary meetings or in termination
decisions.

 

 

D. Access to personnel file Personnel File and Access

1. A unit member wishing to review his or her personnel file must submit a written request. The request may be made
via e-mail or paper and should be directed to
the Benefits Specialist in the Human Resources Department, ATTN: Personnel File Review Request. If the Benefits Specialist
is absent, the request may be directed to the Benefits Manager.

2. Except in those circumstances in which the Illinois Personnel Record Review Act allows employers to not produce the personnel file or portions of the personnel file, The Human Resources Department will follow the College’s internal processes to make the file available within seven (7) business days of receipt of the written request. In accordance with
Illinois law, up to an additional seven (7)
days may be taken when there is good cause to extend the time period.

3. When the file is available, Human Resources will contact the unit member to set up an appointment to view the file in the Human Resources Department with a member of the Human Resources staff present.

4. A unit member may request a copy of selected pages or of the entire file. The first fifty (50) pages will be copied at no cost. Additional pages will be copied at a cost to the unit member of ten (10) cents per page. Payment must be made at the time the request for copies is made.

5. A unit member may request to view his or her file up to two times per calendar year. 

 

6. The procedures for a unit member to request to review his or her personnel file will be posted on the Human Resources page of the College website.

 

7. All entries/changes/viewing in a personnel file must be logged. Information in the log must include: What was
added/subtracted/changed, date when file was accessed/added to/changed/etc., who made the addition/subtraction/change, and a signature.

 

E. Unsatisfactory Performance

If a unit member performs unsatisfactorily, the College may give a verbal warning to the unit member. This must be identified to the BU member as a verbal warning and documented and signed by the employee’s supervisor.

If a verbal warning is considered by the College to be inappropriate, the College will issue a written warning concerning the unsatisfactory performance. Such warning will include a description of the deficiencies and possible consequences for failure to correct the performance deficiencies. The written warning may must include recommendations for correcting the deficiencies, including a timeframe for implementation. This written warning will be presented to the unit member in a meeting and the unit member will sign a copy of the warning to be placed in his or her file. Signature on the warning is only to acknowledge the receipt thereof. The College will expect
immediate correction of
effort to correctdeficiencies except in circumstances that require training or when there is no immediate opportunity to demonstrate corrected performance. The College will pay the cost of training required by
the College. In those circumstances, the College will
inform the unit member in
writing as to when his/her deficiencies must be corrected.
Satisfactory performance must continue indefinitely. The College may impose sanctions up to and including termination for a unit member whose performance is continuously or continually unsatisfactory in one or more areas.

The unit member may choose to be accompanied by an Association representative at a meeting during which unsatisfactory performance
is discussed, except in the case of
a performance evaluation meeting. The Association representative will be chosen by the unit member from representatives elected or appointed by the Association from its membership. The IEA Liaison may serve as the unit member’s representative only by mutual agreement of the unit member and the College. The Association representative will serve as an observer. During the meeting, the representative of the unit
member may ask for short breaks in order to confer.

 

Any College representative who is issuing a written warning must inform BU member prior to meeting and inform them that they may have a union representative present. If the BU member wishes to have a
representative present then the meeting will be postponed until a
representative is available. If any disciplinary meeting is held and the BU
member was not given the opportunity they may terminate the meeting with no repercussions and it will be rescheduled when a representative is available. All verbal warnings have a shelf life of 6 mo., all written warnings will have a shelf life of 12 mo.

F. Misconduct

Misconduct may include, but is not limited to, lateness, insubordination, inappropriate language, or absenteeism. In a circumstance where a unit member engages in misconduct, the College will issue a warning to the unit member. If the unit member engages in misconduct repeatedly the College may further sanction the unit member. Sanctions may include a letter of warning, suspension without pay for a period to be determined by the College, termination, or other actions deemed appropriate by the College. (Reason
for striking, topics are covered above.)

For any disciplinary sanctions against a BU member A meeting will be held with the unit member in which the College will describe the sanction and offer the unit member the opportunity to respond.

A unit member whose behavior threatens the physical safety of members of the College community; the security of the College’s property, information, or other tangible or intangible assets; or whose words or actions are so inappropriate that they threaten to disrupt the effective functioning of the College (Reason for striking, language too vague) may immediately be sanctioned. In such cases the College may impose sanctions up to and including termination and no meeting prior to imposition of sanctions will be required.

The unit member may choose to be accompanied by an Association representative at any meeting during which his or her misconduct is
discussed with him or her. The
Association representative will be chosen by the unit member from representatives elected or appointed by the Association from its membership. The IEA liaison may serve as the unit member’s representative. The unit member’s representative will serve as an observer. The representative and the unit member may take short breaks during the meeting in order to
confer with each other.

In circumstances where a unit member is alleged to have engaged in unlawful discrimination, this section will not apply, and instead the College’s anti-discrimination and anti-harassment policy will apply. The College will provide the Association with a copy of this policy and will notify the Association 30 days prior to any changes in this policy.

 

 

G. Job Elimination

The Administration may need to eliminate a position or positions. An Association member will be given 90 days notice, in writing, when his/her position will be eliminated. After the Association member’s last day of employment he/she will receive 2 weeks of regular pay. During the 90-day period, the Association member may take up to 12 paid days to attend job interviews. The Association member must provide 3 working days notice to the immediate supervisor prior to the absence.

 

In the event the Association member is rehired by the College after his/her job has been eliminated, the Association member she not be eligible for another 2 weeks of regular pay on his/her last day of employment, unless the Association member has worked for twelve months after rehire.

In the event that an Association member is retained by the College with no gap in employment, the Association member will waive their 2 weeks of regular pay, and the College will waive the 90-day unit membership waiting period.

 

No jobs/duties previously held by BU members will be transferred to or performed by students/graduate students.

The same tuition remission benefit that active employees receive will be extended to Association members whose positions have been eliminated as follows.

1. An affected Association member may use the tuition remission benefit to complete courses for which he/she
is registered that are in session as of his/her
last day of employment.

2. An affected Association member may use the tuition remission benefit for eligible family member as
follows:

a. Family members registered in courses at the time an Association member receives notice that his/her job is
eliminated may complete
those courses.

 

b. Family members are eligible for tuition remission for one additional term (excluding J-terms) that begins within 180 calendar days from the date of the job elimination notice.

 

c. Eligible family members who have applied, and are ultimately accepted, as first-time freshmen are
eligible for tuition remission for one semester
(excluding J-terms) if:

i. the semester for which they have applied begins within 180 calendar days of the date on which the Association member receives notice
that his/her job is eliminated; and

 

ii. the application is completed by the priority deadline for that semester.

BU members whose jobs have been eliminated will have access to the internal list for 12 mo. from date of leaving and will be granted the same access to interviews as current staff.

 

ARTICLE
VI

GRIEVANCE PROCEDURE

A. Definition

A grievance is defined as a complaint by a unit member, group of unit members, or the Association at the request of a unit member or group of unit members, that there has been a violation, misinterpretation, or misapplication of any provision of the agreement. The College’s actions are not subject to grievance or arbitration when the College’s actions or decisions are subject to internal review under the policy prohibiting discrimination and harassment. The
College may separate a grievance brought by a group of unit members into
individual grievances
. Administrative
actions will remain in force during the grievance process.

B. Informal Resolution

The parties agree to use their best efforts to encourage informal and prompt resolution of grievances. The grieving party(ies) shall may request a
meeting with her/his immediate
supervisor and/or the supervisor
directly involved in the grievance
as soon as possible after the event giving rise to the complaint, or at the point that the employee shall have reasonably become aware of the problem, but not later than ten (10)working days after its occurrence. The meeting shall take place not later than ten (10) working days after the request is made. The grievant may request that an Association representative attend the meeting and the supervisor may request that a representative from the College’s Human Resources
Office attend the meeting.
The supervisor shall render her/his decision in
writing not later than five (5) working
days after the meeting takes places. If the unit member is not satisfied with the supervisor’s decision, she/he may initiate formal grievance proceedings.

 

C. Formal Proceedings

1. If not resolved above, within ten (10) business days after the grieving party(ies) has received the decision rendered by the unit supervisor, the grievance must be submitted in writing to College Liaison, with a copy to the President of the Association or her/his designee. The grievance must cite the Article allegedly violated, misinterpreted, or misapplied;
the date(s) of the event which is the
subject
of the grievance; who was present at the event; and the requested remedy.  
Within ten (10) business days after having
received the written grievance, the
College Liaison or her/his designee will meet with the grievant and may also gather information regarding the event cited in the grievance from appropriate sources.
The unit member may choose to be accompanied by a union
representative chosen by the unit member from trained representatives elected or appointed by the Association from its membership. The IEA liaison may serve as the unit member’s representative within the scope outlined by law. Within five (5)
business days of the meeting, the College Liaison will render her/his decision in writing, with copies sent to the grievant, the President of the Association and
appropriate College personnel.

2. If the grievance is not resolved at the first Formal Step of the grievance, the grievant may submit the grievance in writing to the Provost/Senior Vice President within ten (10) business days
after having received the written decision of the
Liaison. Within ten (10) business days after receiving the grievance, the Provost or her/his designee shall meet with the grievant for the purposes of resolving the grievance. The unit member may choose to be accompanied by a Union representative chosen by the unit member from trained representatives elected or appointed
by the Union from its membership. The IEA liaison may serve as the
unit member’s representative. Within five (5) business days after the meeting, the Provost will render her/her decision in writing, with copies sent to the grievant, the President of the Association, and appropriate College personnel.

3. If the grievant or the associationmisses a deadline, the grievance shall be considered void. If the collegeAdministration misses a deadline, the grievant may take the grievance to the next step described above. then the grievance shall be ruled in favor of the unit member. All timelines in steps B, C, and
D may be extended by
mutual agreement in writing.

4. Union representatives may sit in as observers of up to 5 grievance proceedings for training purposes.

 

D. Arbitration

1. If the grievant is not satisfied with the Provost’s decision, the Association may submit the grievance to final and binding arbitration. The American Arbitration Association will act as the
administrator of the proceedings, and the arbitrator shall be selected in accordance with its procedures. If a written demand for
arbitration is not filed with the Provost’s office within fifteen (15) business days of the date from the Provost’s response, then the grievance will be deemed withdrawn.

2. The arbitrator will base his or her decision solely upon his or her interpretation of the meaning or application of the specific terms of this Agreement to the facts of the grievance presented.
The arbitrator will have no power to alter, amend, modify, or add to the terms of this Agreement. The arbitrator has no power to
write any new clause, change an existing clause, or write a new agreement.

3. Each party will bear the full costs of its representation. The cost of the arbitrator and the American Arbitration Association will be divided equally between the parties. If either party requests a transcript of the proceedings, that party will bear full costs for that transcript. If both parties order a transcript, the cost of the transcript will be divided equally between the College and the Association.

E. No reprisals will be taken for the processing of or participation in any grievance.

 

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